Goodbye to Yoo?

B. Delong links to this paragraph re John Yoo's basic (lack of) ability to understand the law:

With this many academics talking about this stuff, if there were enough directly applicable precedents to be 'controlling' here, someone would know the story offhand. I could be wrong, but I'd bet a fair amount that the decision of how to apply the faculty code of conduct is up to Boalt Hall, reasoning from first principles, not from precedent.

And at that point, I have a very easy time saying it's the equivalent of scholarly misconduct. Legal work isn't exactly scholarship, but it has its own ethical obligations. And writing a memo like that [of March 14, 2003] (everyone's harping on Youngstown, but that's something whose absence takes the memo out of the realm of possible good-faith argument) is unethical -- if those arguments were made to a court, they would be an unethical attempt to deceive the court into believing there was no contrary precedent. That failure to meet the standards of practice required by the legal profession appears to me to be close enough to a failure to abide by the standards of the scholarly profession that it can be treated as an equivalent level of scholarly misconduct.

Note that I'm not arguing that he's such a bad man that he should be fired, but that the memo establishes that he is such a bad (either implausibly incompetent or much more likely ethical-standards-violating) lawyer that he should be fired as a professor of law....

I think it's a pretty easy case to make... [O]n some level the reason you can fire a professor for scholarly misconduct is to make it clear that if you, e.g., falsify data, you may not teach -- people learning to be scholars shouldn't learn that such falsification is compatible with scholarship. Writing legal arguments that ignore (not find some way to distinguish, but flatly ignore) controlling precedent is very much the same sort of misconduct, and the argument that people learning to be lawyers must be protected from coming to believe that it's an acceptable part of lawyering is closely parallel...

I don't know where I stand on this. Academic freedom should be absolute--even to make a mistake. However, it would seem that one's ability to do one's job and interpret basic facts is not so much about academic freedom as it is fulfilling the prerequisite duties of one's job--a very different case indeed.

I doubt that anyone will follow through with this. (I wonder: is this cosmic payback for Ward Churchill?) If censure or something does come down the pipe for Yoo, left-oriented law professors should watch their backs. The Right is much, much more ruthless.

Quote du jour...

Ok, Students. Here's your thought-provoking quote of the day.

[Neoliberal racism] is a racism that works hard to remove issues of power and equity from broader social concerns. Ultimately, it imagines human agency as simply a matter of individualized choices, the only obstacle to effective citizenship and agency being the lack of principled self-help and moral responsibility. [Henry Giroux, The Terror of Neoliberalism 58]

Now, go forth and look for this phenomenon, digging up phrases like "Say 'no' to drugs!" and "Abstinence works!" and "Ownership society" like the weeds they are.

In the not-unrelated category but as a total non-sequitur, here's what I'm thinking:

As the economy worsens and the niceties brought by prosperity disappear, it is likely we will see straight-up power structures gaining ground. That is, as commercial exchange lessens in this environment of willful government non-intervention, as our "ownership" society reverts to bankrupt society without a fiscal or social safety net, relationships of pure power will take over. In the poorest neighborhoods these will be gangs; in the slightly better-to-do, more crime and generally less security will bring more policing.